Common use of Usury Savings Clause in Contracts

Usury Savings. This Agreement and the Note are subject to the express condition that at no time shall Borrower or Grantor be obligated or required to pay interest on the principal balance of the Loan pursuant to the Note or the Limited Guaranty, as applicable, at a rate which could subject Lender to either civil or criminal liability as a result of being in excess of the Maximum Legal Rate. If, by the terms of this Agreement or the other Loan Documents, Borrower or Grantor is at any time required or obligated to pay interest on the principal balance at a rate in excess of the Maximum Legal Rate, the Interest Rate or the Default Rate, as the case may be, shall be deemed to be immediately reduced to the Maximum Legal Rate and all previous payments in excess of the Maximum Legal Rate shall be deemed to have been payments in reduction of principal and not on account of the interest due hereunder. All sums paid or agreed to be paid to Lender for the use, forbearance, or detention of the sums due under the Loan, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate of interest from time to time in effect and applicable to the Loan for so long as the Loan is outstanding.

Usury Savings. This Agreement and the Note Notes are subject to the express condition that that, at no time shall interest be charged, or Borrower be required or Grantor be obligated or required to pay interest interest, on the outstanding principal balance of the Loan pursuant to the Note or the Limited Guaranty, as applicable, at a rate which could subject Lender Administrative Agent and/or the Lenders to either civil or criminal liability as a result of such interest rate being in excess of the Maximum Legal Rate. If, by the terms of this Agreement or the other Loan Documents, Borrower or Grantor is at any time required or obligated to pay interest on the outstanding principal balance of any Note at a rate in excess of the Maximum Legal Rate, then the Interest Rate or the Default RateRate for such Note, as the case may be, shall be deemed to be immediately reduced to the Maximum Legal Rate and all previous payments in excess of the Maximum Legal Rate shall be deemed to have been payments in reduction of principal and not on account of the interest due hereunderunder such Note. All sums paid or agreed to be paid to Lender Administrative Agent for the use, forbearance, or detention of the sums due under the Loan, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate of interest from time to time in effect and applicable to the Loan for so as long as the Loan is outstanding.

Usury Savings. This Agreement and the Note Notes are subject to the express condition that at no time shall Borrower or Grantor be obligated or required to pay interest on the principal balance Principal Amount of the Loan pursuant to the Note or the Limited Guaranty, as applicable, at a rate which could subject Lender Lenders to either civil or criminal liability as a result of being in excess of the Maximum Legal Rate. If, by the terms of this Agreement or the other Loan Documents, Borrower or Grantor is at any time required or obligated to pay interest on the principal balance Principal Amount due under the Notes at a rate in excess of the Maximum Legal Rate, then the Interest Applicable LIBO Rate, the Applicable Base Rate or the Default Rate, as the case may be, shall be deemed to be immediately reduced to the Maximum Legal Rate and all previous payments in excess of the Maximum Legal Rate shall be deemed to have been payments in reduction of principal and not on account of the interest due hereunderunder the Notes. All sums paid or agreed to be paid to Lender Lenders for the use, forbearance, or detention of the sums due under the Loan, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate of interest from time to time in effect and applicable to the Loan for so long as the Loan is outstanding.

Usury Savings. This Agreement and the Note other Loan Documents are subject to the express condition that at no time shall Borrower or Grantor be obligated or required to pay interest on the principal balance of the Loan pursuant to the Note or the Limited Guaranty, as applicable, at a rate which could subject Lender to either civil or criminal liability as a result of such rate being in excess of the Maximum Legal Rate. If, If by the terms of this Agreement or the other Loan Documents, Borrower or Grantor is at any time required or obligated to pay interest on the principal balance due hereunder at a rate in excess of the Maximum Legal Rate, the Interest Rate or the Default Rate, as the case may be, shall be deemed to be immediately reduced to the Maximum Legal Rate and all previous payments in excess of the Maximum Legal Rate shall be deemed to have been payments in reduction of principal (without the payment of any prepayment fee or Yield Maintenance Premium) and not on account of the interest due hereunder. All sums paid or agreed to be paid to Lender for the use, forbearance, use or detention forbearance of the sums due under the Loan, shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate of interest from time to time in effect and applicable to the Loan for so long as the Loan is outstanding.

Usury Savings. This Agreement and the Note are subject to the express condition that at no time shall Borrower or Grantor be obligated or required to pay interest on the principal balance of the Loan pursuant to the Note or the Limited Guaranty, as applicable, at a rate which could subject Lender to either civil or criminal liability as a result of being in excess of the Maximum Legal Rate. If, by the terms of this Agreement or the other Loan Documents, Borrower or Grantor is at any time required or obligated to pay interest on the principal balance due under the Note at a rate in excess of the Maximum Legal Rate, then the Fixed Interest Rate, the Floating Interest Rate, the Static Libor Rate or the Default Rate, as the case may be, shall be deemed to be immediately reduced to the Maximum Legal Rate and all previous payments in excess of the Maximum Legal Rate shall be deemed to have been payments in reduction of principal and not on account of the interest due hereunderunder the Note. All sums paid or agreed to be paid to Lender for the use, forbearance, or detention of the sums due under the Loan, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate of interest from time to time in effect and applicable to the Loan for so long as the Loan is outstanding.

Usury Savings. This Agreement and the Note are subject Notwithstanding anything to the express condition that contrary set forth herein or in any other Loan Document, at no time shall Borrower or Grantor be obligated or required to pay interest on the principal balance of the Loan pursuant to the Note or the Limited Guaranty, as applicable, at a rate which could subject Lender to either civil or criminal liability as a result of being in excess of the Maximum Legal Ratemaximum legal rate under applicable law. If, by the terms of this Agreement or the other Loan Documents, Borrower or Grantor is at any time required or obligated to pay interest on the principal balance due hereunder at a rate in excess of the Maximum Legal Ratemaximum legal rate under applicable law, the Interest Effective Rate or the Default Rate, as the case may be, shall be deemed to be immediately reduced to the Maximum Legal Rate maximum legal rate under applicable law and all previous payments in excess of the Maximum Legal Rate maximum legal rate under applicable law shall be deemed to have been payments in reduction of principal and not on account of the interest due hereunder. All sums paid or agreed to be paid to Lender for the use, forbearance, or detention of the sums due under the Loan, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate maximum legal rate of interest from time to time in effect and applicable to the Loan for so long as the Loan is outstanding.

Usury Savings. This Agreement and the Note other Loan Documents are subject to the express condition that at no time shall Borrower or Grantor be obligated or required to pay interest on the principal balance of the Loan pursuant to the Note or the Limited Guaranty, as applicable, at a rate which could subject Lender to either civil or criminal liability as a result of being in excess of the Maximum Legal Rate. If, If by the terms of this Agreement or the other Loan Documents, Borrower or Grantor is at any time required or obligated to pay interest on the principal balance due hereunder at a rate in excess of the Maximum Legal Rate, the Interest Rate or the Default Rate, as the case may be, shall be deemed to be immediately reduced to the Maximum Legal Rate and all previous payments in excess of the Maximum Legal Rate shall be deemed to have been payments in reduction applied toward payment of the principal of the Loan and not on account of the interest due hereunderhereunder or, if the Loan has been repaid in full, shall promptly be returned to Borrower. All sums paid or agreed to be paid to Lender for the use, forbearance, use or detention forbearance of the sums due under the Loan, shall, to the extent permitted by applicable lawApplicable Law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate of interest from time to time in effect and applicable to the Loan for so long as the Loan is outstanding.

Usury Savings. This Agreement Agreement, the Note and the Note other Loan Documents are subject to the express condition that at no time shall Borrower or Grantor be obligated or required to pay interest and/or loan charges on the principal balance of the Loan pursuant to the Note or the Limited Guaranty, as applicable, at a rate which could subject Lender to either civil or criminal liability as a result of being in excess of the Maximum Legal Rate. If, by the terms of this Agreement or the other Loan Documents, Borrower or Grantor is at any time required or obligated to pay interest and/or loan charges on the principal balance due hereunder at a rate in excess of the Maximum Legal Rate, the Interest Rate or the Default Rate, as the case may be, shall be deemed to be immediately reduced to the Maximum Legal Rate and all previous payments in excess of the Maximum Legal Rate shall be deemed to have been payments in reduction of principal and not on account of the interest and/or loan charges due hereunder. All sums paid or agreed to be paid to Lender for the use, forbearance, or detention of the sums due under the Loan, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Legal Rate of interest and/or loan charges from time to time in effect and applicable to the Loan for so long as the Loan is outstanding.